Changing Times: Construction Contract Updated By RIAI

The Royal Institute of the Architects of Ireland (RIAI) has launched the RIAI Construction Contract 2025, a new set of standard form contracts designed to enhance the collaboration, balance and efficiency of construction projects in Ireland.

Developed in partnership with the Construction Industry Federation (CIF) and the Society of Chartered Surveyors Ireland (SCSI), the 2025 contracts replace the 2017 editions.

They aim to reflect modern construction practices and the increasing complexity of building design, sustainability requirements, and project delivery.

Although the forms have been modernised, the RIAI has noted that the 2025 editions retain the familiar balance and intent of the previous "yellow" ("with quantities") and "blue" ("without quantities") contracts (which were also referred to as 'Articles of Agreement'). These have long been regarded as the standard base contracts for traditionally procured private building projects in Ireland. On large more complex projects, these forms will often feature a bespoke set of Employer's amendments in addition to the contract drawings and specifications, bill of quantities/schedule of rates and other contract documents to address particular project aspects not covered by the standard forms. There is no standard form design and build form within this suite.

The forms will be available for purchase from RIAI in both hard copy form and digital formats.

Key features and updates

• Replacing 2017 edition: The new contracts replace the 2017 RIAI Articles of Agreement.
• Particulars and Opt-In Clauses: The Appendix has been renamed Contract Particulars and relocated within the form, where project-specific contractual details are to be noted. New opt-in clauses are also included dealing with a variety of issues.
• Insurance and Liability Limits: New provisions have been introduced to limit the contractor's liability and regulate the placing and maintenance of professional indemnity insurance. These would need to be carefully considered in tandem with specialist insurance advice, including consideration for the treatment of existing structures, other insurance requirements such as non-negligence insurance, latent and inherent defects and business interruption, which may impact the works or project.
• Contractor Claims and Notices: New procedures for contractor claims, including notice provisions and time bars are incorporated into the forms, with the intention of achieving contract certainty.
• Sub-contractors and contractor design: Provisions are now included to address sub-contractors selected prior to formation of the main contract, whilst still retaining the provision for nominated sub-contractors. Where an Employer's intends to have primarily domestic sub-contractors, this would need to be considered. Recognition of the contractor's design is now also addressed. A collateral warranty form is also included for warranting subcontractors. This would need to be benchmarked against the requirements typically sought by beneficiaries such as funders, purchasers, institutional investors and Employers. Enhanced requirements for BCAR and health and safety are included reflecting changes in the industry since the standard form was last settled.
• Dispute Avoidance and Resolution: Updated approaches to dispute avoidance, negotiation, and an opt-out for arbitration are now included, all subject to the statutory adjudication regime for payment disputes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.